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DEED OF TRUST <br />Loan No: 206052 200211157 (Continued) Page <br />certificates, and other Documents as may, in the sole opinion of Lender, be necessary or desirable in order b effectuate, complete, perfect, <br />continue, or preserve (1) Borrower's and Trustees obligations under the Note, this Deed of Trust, and the Related Documents, and (2) <br />the liens and security interests created by this Deed of Trust on the Property, whether now owned or hereafter acquired by Trustor. Unless <br />prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in <br />connection with Me matters referred to In this paragraph. <br />Attorney -in -Fact. if Twister fails to do any of the things referred to in Me preceding paragraph, Lender may do so for and in the name of <br />Truster and at Truster's expense. For such purposes, Truster hereby irrevocably appoints Lender as Trustor's attorney -in -fact for the <br />purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole <br />opinion, to accomplish the matters referred to in the preceding paragraph. <br />FULL PERFORMANCE. It Borrower pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Truster under <br />this Deed of Trust, Lender shall execute and deliver to Trustee a request for full re,onveyance and shall execute and deliver to Trustor suitable <br />statements of termination of any financing statement on file evidencing Lenders security interest in the Rents and the Personal Property. Any <br />wronveyance fee required by law shall be paid by Truster, if permitted by applicable law. <br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: <br />Payment Default. Borrower fails to make any payment when due under Me Indebtedness. <br />Other Defaults. Borrower or Truster fails to comply with or to perform any other term, obligation, covenant or coral contained in this <br />Dead of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in <br />any other agreement between Lender and Borrower or Trustor. <br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in Mis Deed of Trust, Me Note or in <br />any of Me Related Documents. If such a failure is curable and ff Borrower or Trustor has not been given a notice of a breach at Me same <br />prevision of this Dead of Trust within Me preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if <br />Borrower or Trustor, after Lender sends written notice demanding cure of such failure: (a) cures the failure within twenty -one (21) days; or <br />(b) if Me cure requires from than twenty-one (21) days, immediately initiates steps sufficient to cure the failure and thereafter continues and <br />completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. <br />Default on Other Payments. Failure of Trustor within the time required by this Dead of Trust to make any payment for taxes or insurance, or <br />any other payment necessary to prevent filing of or to effect discharge of any lien. <br />False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Trustor or on Borrowers or <br />Trustor's behalf under this Deed of Trust or Me Related Documents is false or misleading in any material respect, either now or at Me time <br />made or furnished or becomes false or misleading at any time thereafter. <br />Detective Collaterallzatlon. This Dead of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any <br />collateral document to create a valid and perfected security interest or lien) at any time and for any reason. <br />Death or Insolvency. The death of Borrower or Trustor, the insolvency of Borrower or Trustor, Me appointment of a receiver for any part of <br />Borrower's or Trusters property, any assignment for Me benefit of creditors, any type of creditor workout, or the commencement of any <br />proceeding under any bankruptcy or insolvency laws by or against Borrower or Trustor. <br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self -help, <br />repossession or any other method, by any creditor of Borrower or Trustor or by any governmental agency against any property securing the <br />Indebtedness. This includes a garnishment of any of Borrowers or Trustor's accounts, including deposit accounts, with Lender. However, <br />this Event of Default shall not apply if there is a good faith dispute by Borrower or Trustor as to the validity or reasonableness of the claim <br />which is the basis of the creditor or forfeiture proceeding and ff Borrower or Trustor gives Lender written notice of the creditor or forfeiture <br />proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, <br />in Its sole discretion; as being an adequate reserve or bond for the dispme. <br />Breach of Other Agreement. Any breach by Borrower or Trustor under the terms of any other agreement between Borrower or Trustor and <br />Lender that is net remetlied within any grace period provided therein, including without limitation any agreement concerning any <br />indebtedness or other obligation of Borrower or Truster to Lender, whether existing now or later. <br />Events Affecting Guarantor. Any of Me preceding events occurs with respect to any guarantor, entlorser, surety, or accommodation parry <br />of any of Me Indebtedness or any guarantor, endorser, surety, or accommodation party dial or becomes incompetent, or revokes or disputes <br />the validity of, or liability under, any Guaranty of the Indebtedness. In Me event of a dead, Lender, at its option, may, but shall net be <br />required M, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to <br />Lender, and, in doing so, cure any Event of Default. <br />Adverse Change. A material adverse change occurs in Borrower's or Trustor's financial condRion, or Lender believes the prospect of <br />payment or performance of the Indebtedness is impaired. <br />Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is not made within the time <br />required by the promissory note evidencing such indebtedness, or a default occurs under Me instrument securing such indebtedness and is <br />not cured during any applicable grace period in such instrument, or any suit or other action is commenced to foreclose any existing lien on <br />the Property. <br />Right to Cure. If such a failure is curable and ff Borrower or Trustor has not been given a notice of a breach of the same provision of this <br />Deed of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Borrower or Trustor, <br />after Lender sends written notice demanding cure of such failure: (a) cures the failure within twenty-one (21) days; or (b) M the cure <br />requires more Man twenty-one (21) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes all <br />reasonable and necessary steps sufficient M produce compliance as soon as reasonably practical. <br />RIGHTS AND REMEDIES ON DEFAULT. It an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may <br />exercise any one or more of Me following rights and remedies: <br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby, Lender <br />may declare all Indebtedness secured by Mis Deed of Trust to be due and payable and the same shall thereupon become due and <br />payable without any presentiment, demand, protest or notice of any kind. Thereafter, Lender may: <br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and <br />without regard to Me adequacy of its security, enter upon and take possession of Me Property, or any part thereof, in its own name <br />or in Me name of Trustee, and do any acts which it drama necessary or desirable to preserve Me value, marketability or rentability <br />of the Property, or part of Me Property or interest in Me Property; increase Me income from Me Property or protect the security of <br />the Property; and, with or without taking possession of the Property, sue for or otherwise collect Me rents, issues and profits of the <br />Property, including those past due and unpaid, and apply Me same, less costs and expenses of operation and collection attorneys' <br />fees, to any indebtedness secured by Mis Deed of Trust, all in such order as Lender may determine. The entering upon and taking <br />possession of Me Property, the collection of such rents, issues and profits, and Me application thereof shall not cure or waive any <br />default or notice of default under his Dead of Trust or invalidate any act done in response to such default or pursuant to such <br />notice of default; and, notwithstanding the continuance in possession of Me Property or Me collection, receipt and application of <br />rents, issues or profits, Trustee or Lender shall be entitled to exercise every right provided for in Me Note or Me Related <br />Documents or by law upon Me occurrence of any event of default, including Me right to exercise Me power of sale; <br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the <br />coverairs hereof; and <br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election M cause <br />Trustor's interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in Me appropriate offices of <br />Me County in which Me Property is located; and <br />(d) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under <br />Me Nebraska Uniform Commercial Cede. <br />1i 0 <br />